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{\plain \fs20 1.1 \tab}A bill for an act\line
{\plain \fs20 1.2 \tab}relating to public safety; expanding access to information for law enforcement \line
{\plain \fs20 1.3 \tab}hiring; amending Minnesota Statutes 2018, section 626.87, subdivisions 2, 3, 5.\line
{\plain \fs20 1.4 \tab}BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:\line
\line
{\plain \fs20 1.5 \tab}Section 1. Minnesota Statutes 2018, section 626.87, subdivision 2, is amended to read:\line
{\plain \fs20 1.6 \tab\tab}Subd. 2.{\b Disclosure of employment information.} Upon request of a law enforcement \line
{\plain \fs20 1.7 \tab}agency, an employer shall disclose or otherwise make available for inspection employment \line
{\plain \fs20 1.8 \tab}information of an employee or former employee who is the subject of an investigation under \line
{\plain \fs20 1.9 \tab}subdivision 1{\ul or who is a candidate for employment with a law enforcement agency in any \line
{\plain \fs20 1.10 \tab}other capacity}. The request for disclosure of employment information must be in writing, \line
{\plain \fs20 1.11 \tab}must be accompanied by an {\strike original} authorization and release signed by the employee or \line
{\plain \fs20 1.12 \tab}former employee, and must be signed by {\strike a sworn peace officer or other}{\ul an }authorized \line
{\plain \fs20 1.13 \tab}representative of the law enforcement agency conducting the background investigation.\line
\line
{\plain \fs20 1.14 \tab}Sec. 2. Minnesota Statutes 2018, section 626.87, subdivision 3, is amended to read:\line
{\plain \fs20 1.15 \tab\tab}Subd. 3.{\b Refusal to disclose a personnel record.} If an employer refuses to disclose \line
{\plain \fs20 1.16 \tab}employment information in accordance with this section, upon request the district court \line
{\plain \fs20 1.17 \tab}may issue an ex parte order directing the disclosure of the employment information. The \line
{\plain \fs20 1.18 \tab}request must be made by {\strike a sworn peace officer}{\ul an authorized representative }from the law \line
{\plain \fs20 1.19 \tab}enforcement agency conducting the background investigation and must include a copy of \line
{\plain \fs20 1.20 \tab}the {\strike original} request for disclosure made upon the employer or former employer and the \line
{\plain \fs20 1.21 \tab}authorization and release signed by the employee or former employee. The request must be \line
{\plain \fs20 1.22 \tab}signed by the {\strike peace officer}{\ul person }requesting the order and an attorney representing the \line
{\plain \fs20 2.1 \tab}state or the political subdivision on whose behalf the background investigation is being \line
{\plain \fs20 2.2 \tab}conducted. It is not necessary for the request or the order to be filed with the court \line
{\plain \fs20 2.3 \tab}administrator. Failure to comply with the court order subjects the person {\ul or entity }who fails \line
{\plain \fs20 2.4 \tab}to comply to civil or criminal contempt of court.\line
\line
{\plain \fs20 2.5 \tab}Sec. 3. Minnesota Statutes 2018, section 626.87, subdivision 5, is amended to read:\line
{\plain \fs20 2.6 \tab\tab}Subd. 5.{\b Notice of investigation.} Upon initiation of a background investigation {\strike under \line
{\plain \fs20 2.7 \tab}this section}{\ul for a person described in subdivision 1}, the law enforcement agency shall give \line
{\plain \fs20 2.8 \tab}written notice to the Peace Officer Standards and Training Board of:\line
{\plain \fs20 2.9 \tab}(1) the candidate's full name and date of birth; and\line
{\plain \fs20 2.10 \tab}(2) the candidate's peace officer license number, if known.\line
{\plain \fs20 2.11 \tab}The initiation of a background investigation does not include the submission of an \line
{\plain \fs20 2.12 \tab}application for employment. Initiation of a background investigation occurs when the law \line
{\plain \fs20 2.13 \tab}enforcement agency begins its determination of whether an applicant meets the agency's \line
{\plain \fs20 2.14 \tab}standards for employment as a law enforcement employee.\line
\par}
}